Prohibition and restriction of weapons
International humanitarian law restricts or prohibits the development, possession and use of certain weapons.
Basic rules
International humanitarian law restricts or prohibits the development, possession and use of certain weapons. The prohibition of such weapons is based on the following criteria:
- Weapons that render death inevitable.
- Weapons that cause superfluous injury or unnecessary suffering.
- Weapons that cannot be directed against a specific military objective or whose effects cannot be limited in accordance with the provisions of international humanitarian law.
- Weapons that cause widespread, long-term and severe damage to the natural environment.
On the basis of these four criteria, a number of specific weapons have been explicitly prohibited by international conventions, including anti-personnel mines, cluster munitions, blinding laser weapons, dumdum bullets as well as biological and chemical weapons. Some of these prohibitions are now part of customary international law.
The use of weapons in armed conflict is also restricted by the general rules and principles of international humanitarian law which stipulate, in particular, the measures that must be taken to minimise the impact of armed conflict on the civilian population and civilian objects. The principal rules of international humanitarian law governing the use of weapons are:
- The obligation to distinguish between the civilian population and combatants and between civilian objects and military objectives
- The prohibition on indiscriminate attacks
- The obligation to respect the principle of proportionality
- The obligation to take precautions to minimise the consequences of an attack for the civilian population
These rules are part of customary international law and therefore apply to all parties to a conflict, without distinction between States and non-state armed groups and regardless of whether the state concerned has ratified a relevant international treaty.
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